Law: Constitution of Pakistan, 1973

Section: 189,190,199(1)(c),4

(a) Constitution of Pakistan--- ----Arts. 189 & 190---Judgment of the Supreme Court---Scope---Law declared by Supreme Court becomes law of land under Arts. 189 & 190 of the Constitution and is binding not only on all courts in Pakistan but also on all organs of the State---No escape from acceptance obedience or compliance of an order passed by Supreme Court which is final and highest court in the country---No one can be allowed to violate such orders while taking shelter behind technicalities---Effect of of Supreme Court cannot be eroded or nullified through any executive or administrative instrumentality---Even legislature cannot destroy, annul, set aside, vacate, reverse or modify a final of court of competent jurisdiction. Mir Alam Gul v. Ismail PLD 1990 SC 926; Ashiq Hussain v. The State PLD 1994 SC 879; Province of the Puniab v. Haji Yaqoob Khan 2007 SCMR 554; Syed Sajjad Hussain v. Secretary, Establisbment Division Cabinet Secretariat Islamabad 1996 SCMR 284; Abdul Waheed v. Mst. Ramzanu 2006 SCMR 489 and Sh. Muhammad Rafique Goreja v. Islamic Republic of Pakistan PLD 2006 SC 66 rel. (b) Constitution of Pakistan--- ----Arts. 199(1)(c) & 4---Constitutional jurisdiction of High Court---Mandamus, writ of---Scope---High Court under Art.199(1)(c) of the Constitution has ample jurisdiction to give directions to public functionaries to act strictly in accordance with law and in view of Art. 4 of the Constitution---When a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, High Court in exercise of its Constitutional jurisdiction has ample power to grant relief to aggrieved party. Pakistan Petroleum Ltd. v. Director General Mines and Minerals PLD 2011 Quetta 1; Brig. Muhammad Bashir v. Abdul Karim PLD 2004 SC 271 and Pakcom Limited v. Federation of Pakistan PLD 2011 SC 44 rel. (c) Balochistan Rules of Business, 2012--- ----Rr. 3, 6(1), 8(1)(2), 9(4) & 22(2)---Constitution of Pakistan, Arts. 187(2) & 204(2)(a)---Transfers of public servants---Minister, functions of---Delegatus Non Potest Delegare, principle of---Applicability---Implementation of of Supreme Court was member of Balochistan Bar Council who assailed postings and…

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